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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2726
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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There is a child arrangements order in force since 19th May

Customer Question

There is a child arrangements order in force since 19th May 2015. I left my marriage due to emotional and psychological domestic abuse. My son aged 7 is mildly to moderately autistic (this wasn't known at the time of the order only that they was something not right) my daughter aged 3.5 was 7 weeks old when I left. I raised my concerns in court as my ex had never played any part in their care and had a history of anger and stalking with the police, all concerns were ignored, he was granted fortnightly contact with overnight staying once a month and more as to be agreed during holidays, with the support of his parents. I have tried and given this the benefit of the doubt but as I always said this is too much for the children to cope with. Also they are neglected by him and his parents also I have had an increasing number of unexplained injuries on my oldest child, one of the most recent was investigated by social services as he said he had been bitten by an adult the peadtric report said more than likely non accidental and contact needed closer monitoring as my son was at risk of further harm. Social services are saying its my job to protect them and I can limited/stop contact is this right? also is the peadtric report and the fact I now have a diagnosis enough for me to go back and vary the order back to monthly contact as it was before he forced it through court. It was caffcass recommendation for fortnightly. we are in England.
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.

Hi, thank you for your question. Given that there is now evidenced concerns to the child's welfare whilst in the care of the father you would have grounds to apply to court to vary the order - you would need to submit an urgent application to court under form C100 and a £215 court fee to vary the order due to the concerns by the paediatrician. If you stopped the contact without variation the father would have grounds to apply to court for enforcement, but given the concerns your breach of the order would likely be seen as reasonable in order to protect the child but you would need to apply to court to vary the current order.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.,

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Customer: replied 10 months ago.
I forgot to say, he took it back to court Jan 2016 saying I'd breached the order although I hadn't, the order was enforced and now he's taking it back again saying I've breached it again although I haven't. So when it goes back this time I was to put the application in to vary the order, is their a fee for that as the leaflet is rather confusing! Also do I need to enclose my evidence with the application?
Expert:  Harris replied 10 months ago.

Yes, if you apply to vary the order it is done on form C100 and a £215 court fee. Initially you just need to outline a short statement of case and during proceedings the court will direct for further evidence if required.

Customer: replied 10 months ago.
Oh, I was given to understand it was form c2 because it says on the top "for an order or directions in existing proceedings" ? And I was told to send my evidence with it?
Expert:  Harris replied 10 months ago.

Have his enforcement proceedings been issued and listed for a hearing?

Customer: replied 10 months ago.
12th October 2016
Expert:  Harris replied 10 months ago.

Thanks for confirming - as there are existing proceedings you can use a C2 form to apply to vary the child arrangement order.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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